Jobs and Growth Act, 2012

A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 implements certain income tax measures and related measures proposed in the March 29, 2012 budget. Most notably, it
(a) amends the rules relating to Registered Disability Savings Plans (RDSPs) by
(i) replacing the 10-year repayment rule applying to withdrawals with a proportional repayment rule,
(ii) allowing investment income earned in a Registered Education Savings Plan (RESP) to be transferred on a tax-free basis to the RESP beneficiary’s RDSP,
(iii) extending the period that RDSPs of beneficiaries who cease to qualify for the Disability Tax Credit may remain open in certain circumstances,
(iv) amending the rules relating to maximum and minimum withdrawals, and
(v) amending certain RDSP administrative rules;
(b) includes an employer’s contributions to a group sickness or accident insurance plan in an employee’s income in certain circumstances;
(c) amends the rules applicable to retirement compensation arrangements;
(d) amends the rules applicable to Employees Profit Sharing Plans;
(e) expands the eligibility for the accelerated capital cost allowance for clean energy generation equipment to include a broader range of bioenergy equipment;
(f) phases out the Corporate Mineral Exploration and Development Tax Credit;
(g) phases out the Atlantic Investment Tax Credit for activities related to the oil and gas and mining sectors;
(h) provides that qualified property for the purposes of the Atlantic Investment Tax Credit will include certain electricity generation equipment and clean energy generation equipment used primarily in an eligible activity;
(i) amends the Scientific Research and Experimental Development (SR&ED) investment tax credit by
(i) reducing the general SR&ED investment tax credit rate from 20% to 15%,
(ii) reducing the prescribed proxy amount, which taxpayers use to claim SR&ED overhead expenditures, from 65% to 55% of the salaries and wages of employees who are engaged in SR&ED activities,
(iii) removing the profit element from arm’s length third-party contracts for the purpose of the calculation of SR&ED tax credits, and
(iv) removing capital from the base of eligible expenditures for the purpose of the calculation of SR&ED tax incentives;
(j) introduces rules to prevent the avoidance of corporate income tax through the use of partnerships to convert income gains into capital gains;
(k) clarifies that transfer pricing secondary adjustments are treated as dividends for the purposes of withholding tax imposed under Part XIII of the Income Tax Act;
(l) amends the thin capitalization rules by
(i) reducing the debt-to-equity ratio from 2:1 to 1.5:1,
(ii) extending the scope of the thin capitalization rules to debts of partnerships of which a Canadian-resident corporation is a member,
(iii) treating disallowed interest expense under the thin capitalization rules as dividends for the purposes of withholding tax imposed under Part XIII of the Income Tax Act, and
(iv) preventing double taxation in certain circumstances when a Canadian resident corporation borrows money from its controlled foreign affiliate;
(m) imposes, in certain circumstances, withholding tax under Part XIII of the Income Tax Act when a foreign-based multinational corporation transfers a foreign affiliate to its Canadian subsidiary, while preserving the ability of the Canadian subsidiary to undertake expansion of its Canadian business; and
(n) phases out the Overseas Employment Tax Credit.
Part 1 also implements other selected income tax measures. Most notably, it introduces tax rules to accommodate Pooled Registered Pension Plans and provides that income received from a retirement compensation arrangement is eligible for pension income splitting in certain circumstances.
Part 2 amends the Excise Tax Act and the Jobs and Economic Growth Act to implement rules applicable to the financial services sector in respect of the goods and services tax and harmonized sales tax (GST/HST). They include rules that allow certain financial institutions to obtain pre-approval from the Minister of National Revenue of methods used to determine their liability in respect of the provincial component of the HST, that require certain financial institutions to have fiscal years that are calendar years, that require group registration of financial institutions in certain cases and that provide for changes to a rebate of the provincial component of the HST to certain financial institutions that render services to clients that are outside the HST provinces. This Part also confirms the authority under which certain GST/HST regulations relating to financial institutions are made.
Part 3 amends the Federal-Provincial Fiscal Arrangements Act to provide the legislative authority to share with provinces and territories taxes in respect of specified investment flow-through (SIFT) entities — trusts or partnerships — under section 122.1 and Part IX.1 of the Income Tax Act, consistent with the federal government’s proposal on the introduction of those taxes. It also provides the legislative authority to share with provinces and territories the tax on excess EPSP amounts imposed under Part XI.4 of the Income Tax Act, consistent with the measures proposed in the March 29, 2012 budget. It also allows the Minister of Finance to request from the Minister of National Revenue information that is necessary for the administration of the sharing of taxes with the provinces and territories.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Jobs and Economic Growth Act as a result of amendments introduced in the Jobs, Growth and Long-term Prosperity Act to allow certain public sector investment pools to directly invest in a federally regulated financial institution.
Division 2 of Part 4 amends the Canada Shipping Act, 2001 to permit the incorporation by reference into regulations of all Canadian modifications to an international convention or industry standard that are also incorporated by reference into the regulations, by means of a mechanism similar to that used by many other maritime nations. It also provides for third parties acting on the Minister of Transport’s behalf to set fees for certain services that they provide in accordance with an agreement with that Minister.
Division 3 of Part 4 amends the Canada Deposit Insurance Corporation Act to, among other things, provide for a limited, automatic stay in respect of certain eligible financial contracts when a bridge institution is established. It also amends the Payment Clearing and Settlement Act to facilitate central clearing of standardized over-the-counter derivatives.
Division 4 of Part 4 amends the Fisheries Act to amend the prohibition against obstructing the passage of fish and to provide that certain amounts are to be paid into the Environmental Damages Fund. It also amends the Jobs, Growth and Long-term Prosperity Act to amend the definition of Aboriginal fishery and another prohibition relating to the passage of fish. Finally, it provides transitional provisions relating to authorizations issued under the Fisheries Act before certain amendments to that Act come into force.
Division 5 of Part 4 enacts the Bridge To Strengthen Trade Act, which excludes the application of certain Acts to the construction of a bridge that spans the Detroit River and other works and to their initial operator. That Act also establishes ancillary measures. It also amends the International Bridges and Tunnels Act.
Division 6 of Part 4 amends Schedule I to the Bretton Woods and Related Agreements Act to reflect changes made to the Articles of Agreement of the International Monetary Fund as a result of the 2010 Quota and Governance Reforms. The amendments pertain to the rules and regulations of the Fund’s Executive Board and complete the updating of that Act to reflect those reforms.
Division 7 of Part 4 amends the Canada Pension Plan to implement the results of the 2010-12 triennial review, most notably, to clarify that contributions for certain benefits must be made during the contributory period, to clarify how certain deductions are to be determined for the purpose of calculating average monthly pensionable earnings, to determine the minimum qualifying period for certain late applicants for a disability pension and to enhance the authority of the Review Tribunal and the Pension Appeals Board. It also amends the Department of Human Resources and Skills Development Act to enhance the authority of the Social Security Tribunal.
Division 8 of Part 4 amends the Indian Act to modify the voting and approval procedures in relation to proposed land designations.
Division 9 of Part 4 amends the Judges Act to implement the Government of Canada’s response to the report of the fourth Judicial Compensation and Benefits Commission regarding salary and benefits for federally appointed judges. It also amends that Act to shorten the period in which the Government of Canada must respond to a report of the Commission.
Division 10 of Part 4 amends the Canada Labour Code to
(a) simplify the calculation of holiday pay;
(b) set out the timelines for making certain complaints under Part III of that Act and the circumstances in which an inspector may suspend or reject such complaints;
(c) set limits on the period that may be covered by payment orders; and
(d) provide for a review mechanism for payment orders and notices of unfounded complaint.
Division 11 of Part 4 amends the Merchant Seamen Compensation Act to transfer the powers and duties of the Merchant Seamen Compensation Board to the Minister of Labour and to repeal provisions that are related to the Board. It also makes consequential amendments to other Acts.
Division 12 of Part 4 amends the Customs Act to strengthen and streamline procedures related to arrivals in Canada, to clarify the obligations of owners or operators of international transport installations to maintain port of entry facilities and to allow the Minister of Public Safety and Emergency Preparedness to require prescribed information about any person who is or is expected to be on board a conveyance.
Division 13 of Part 4 amends the Hazardous Materials Information Review Act to transfer the powers and functions of the Hazardous Materials Information Review Commission to the Minister of Health and to repeal provisions of that Act that are related to the Commission. It also makes consequential amendments to other Acts.
Division 14 of Part 4 amends the Agreement on Internal Trade Implementation Act to reflect changes made to Chapter 17 of the Agreement on Internal Trade. It provides primarily for the enforceability of orders to pay tariff costs and monetary penalties made under Chapter 17. It also repeals subsection 28(3) of the Crown Liability and Proceedings Act.
Division 15 of Part 4 amends the Employment Insurance Act to provide a temporary measure to refund a portion of employer premiums for small businesses. An employer whose premiums were $10,000 or less in 2011 will be refunded the increase in 2012 premiums over those paid in 2011, to a maximum of $1,000.
Division 16 of Part 4 amends the Immigration and Refugee Protection Act to provide for an electronic travel authorization and to provide that the User Fees Act does not apply to a fee for the provision of services in relation to an application for an electronic travel authorization.
Division 17 of Part 4 amends the Canada Mortgage and Housing Corporation Act to remove the age limit for persons from outside the federal public administration being appointed or continuing as President or as a director of the Corporation.
Division 18 of Part 4 amends the Navigable Waters Protection Act to limit that Act’s application to works in certain navigable waters that are set out in its schedule. It also amends that Act so that it can be deemed to apply to certain works in other navigable waters, with the approval of the Minister of Transport. In particular, it amends that Act to provide for an assessment process for certain works and to provide that works that are assessed as likely to substantially interfere with navigation require the Minister’s approval. It also amends that Act to provide for administrative monetary penalties and additional offences. Finally, it makes consequential and related amendments to other Acts.
Division 19 of Part 4 amends the Canada Grain Act to
(a) combine terminal elevators and transfer elevators into a single class of elevators called terminal elevators;
(b) replace the requirement that the operator of a licensed terminal elevator receiving grain cause that grain to be officially weighed and officially inspected by a requirement that the operator either weigh and inspect that grain or cause that grain to be weighed and inspected by a third party;
(c) provide for recourse if an operator does not weigh or inspect the grain, or cause it to be weighed or inspected;
(d) repeal the grain appeal tribunals;
(e) repeal the requirement for weigh-overs; and
(f) provide the Canadian Grain Commission with the power to make regulations or orders with respect to weighing and inspecting grain and the security that is to be obtained and maintained by licensees.
It also amends An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to Repeal the Grain Futures Act as well as other Acts, and includes transitional provisions.
Division 20 of Part 4 amends the International Interests in Mobile Equipment (aircraft equipment) Act and other Acts to modify the manner in which certain international obligations are implemented.
Division 21 of Part 4 makes technical amendments to the Canadian Environmental Assessment Act, 2012 and amends one of its transitional provisions to make that Act applicable to designated projects, as defined in that Act, for which an environmental assessment would have been required under the former Act.
Division 22 of Part 4 provides for the temporary suspension of the Canada Employment Insurance Financing Board Act and the dissolution of the Canada Employment Insurance Financing Board. Consequently, it enacts an interim Employment Insurance premium rate-setting regime under the Employment Insurance Act and makes amendments to the Canada Employment Insurance Financing Board Act, the Department of Human Resources and Skills Development Act, the Jobs, Growth and Long-term Prosperity Act and Schedule III to the Financial Administration Act.
Division 23 of Part 4 amends the Canadian Forces Superannuation Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act and makes consequential amendments to other Acts.
The Canadian Forces Superannuation Act is amended to change the limitations that apply in respect of the contribution rates at which contributors are required to pay as a result of amendments to the Public Service Superannuation Act.
The Public Service Superannuation Act is amended to provide that contributors pay no more than 50% of the current service cost of the pension plan. In addition, the pensionable age is raised from 60 to 65 in relation to persons who become contributors on or after January 1, 2013.
The Royal Canadian Mounted Police Superannuation Act is amended to change the limitations that apply in respect of the contribution rates at which contributors are required to pay as a result of amendments to the Public Service Superannuation Act.
Division 24 of Part 4 amends the Canada Revenue Agency Act to make section 112 of the Public Service Labour Relations Act applicable to the Canada Revenue Agency. That section makes entering into a collective agreement subject to the Governor in Council’s approval. The Division also amends the Canada Revenue Agency Act to require that the Agency have its negotiating mandate approved by the President of the Treasury Board and to require that it consult the President of the Treasury Board before determining certain other terms and conditions of employment for its employees.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-45s:

C-45 (2023) Law An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act
C-45 (2017) Law Cannabis Act
C-45 (2014) Law Appropriation Act No. 4, 2014-15
C-45 (2010) Law Appropriation Act No. 3, 2010-2011

Votes

Dec. 5, 2012 Passed That the Bill be now read a third time and do pass.
Dec. 4, 2012 Passed That Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Schedule 1.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 515.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 464.
Dec. 4, 2012 Failed That Bill C-45, in Clause 437, be amended by deleting lines 25 to 34 on page 341.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 433.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 425.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 411.
Dec. 4, 2012 Failed That Bill C-45, in Clause 369, be amended by replacing lines 37 and 38 on page 313 with the following: “terminal elevator shall submit grain received into the elevator for an official weighing, in a manner authorized by the”
Dec. 4, 2012 Failed That Bill C-45, in Clause 362, be amended by replacing line 16 on page 310 with the following: “provide a security, in the form of a bond, for the purpose of”
Dec. 4, 2012 Failed That Bill C-45, in Clause 358, be amended by replacing line 8 on page 309 with the following: “reinspection of the grain, to the grain appeal tribunal for the Division or the chief grain”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 351.
Dec. 4, 2012 Failed That Bill C-45, in Clause 317, be amended by adding after line 22 on page 277 the following: “(7) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following: (2) For the purposes of this Act, when considering if a decision is in the public interest, the Minister shall take into account, as primary consideration, whether it would protect the public right of navigation, including the exercise, safeguard and promotion of that right.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 316.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 315.
Dec. 4, 2012 Failed That Bill C-45, in Clause 313, be amended by deleting lines 15 to 24 on page 274.
Dec. 4, 2012 Failed That Bill C-45, in Clause 308, be amended by replacing line 29 on page 272 with the following: “national in respect of whom there is reason to believe that he or she poses a specific and credible security threat must, before entering Canada, apply”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 308.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 307.
Dec. 4, 2012 Failed That Bill C-45, in Clause 302, be amended by replacing lines 4 to 8 on page 271 with the following: “9. (1) Except in instances where a province is pursuing any of the legitimate objectives referred to in Article 404 of the Agreement, namely public security and safety, public order, protection of human, animal or plant life or health, protection of the environment, consumer protection, protection of the health, safety and well-being of workers, and affirmative action programs for disadvantaged groups, the Governor in Council may, by order, for the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect in respect of a province under Article 1709 of the Agreement, do any”
Dec. 4, 2012 Failed That Bill C-45, in Clause 279, be amended (a) by replacing line 3 on page 265 with the following: “47. (1) The Minister may, following public consultation, designate any” (b) by replacing lines 8 to 15 on page 265 with the following: “specified in this Act, exercise the powers and perform the”
Dec. 4, 2012 Failed That Bill C-45, in Clause 274, be amended by adding after line 38 on page 262 the following: “(3) The council shall, within four months after the end of each year, submit to the Minister a report on the activities of the council during that year. (4) The Minister shall cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives it. (5) The Minister shall send a copy of the report to the lieutenant governor of each province immediately after a copy of the report is last laid before either House. (6) For the purpose of this section, “sitting day” means a day on which either House of Parliament sits.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 269.
Dec. 4, 2012 Failed That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following: “12.2 Within six months after the day on which regulations made under subsection 12.1(8) come into force, the impact of section 12.1 and those regulations on privacy rights must be assessed and reported to each House of Parliament.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following: “(9) For greater certainty, any prescribed information given to the Agency in relation to any persons on board or expected to be on board a conveyance shall be subject to the Privacy Act.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 264.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 233.
Dec. 4, 2012 Failed That Bill C-45, in Clause 223, be amended by deleting lines 16 to 26 on page 239.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 219.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 206.
Dec. 4, 2012 Failed That Bill C-45, in Clause 179, be amended by adding after line 17 on page 208 the following: “(3) The exemption set out in subsection (1) applies if the person who proposes the construction of the bridge, parkway or any related work establishes, in relation to any work, undertaking or activity for the purpose of that construction, that the construction will not present a risk of net negative environmental impact.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 179, be amended by adding after line 7 on page 208 the following: “(3) The exemptions set out in subsection (1) apply if the person who proposes the construction of the bridge, parkway or any related work establishes, in relation to any work, undertaking or activity for the purpose of the construction of the bridge, parkway or any related work, that the work, undertaking or activity ( a) will not impede navigation; ( b) will not cause destruction of fish or harmful alteration, disruption or destruction of fish habitat within the meaning of the Fisheries Act; and ( c) will not jeopardize the survival or recovery of a species listed in the Species at Risk Act.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 179.
Dec. 4, 2012 Failed That Bill C-45, in Clause 175, be amended by replacing lines 23 to 27 on page 204 with the following: “or any of its members in accordance with any treaty or land claims agreement or, consistent with inherent Aboriginal right, harvested by an Aboriginal organization or any of its members for traditional uses, including for food, social or ceremonial purposes;”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 173.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 166.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 156.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 99.
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by replacing line 22 on page 38 to line 11 on page 39 with the following: “scribed offshore region, and that is acquired after March 28, 2012, 10%.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by deleting line 14 on page 38 to line 11 on page 39.
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by replacing line 17 on page 35 with the following: “( a.1) 19% of the amount by which the”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 3.
Dec. 4, 2012 Failed That Bill C-45, in Clause 62, be amended by replacing line 26 on page 134 with the following: “( b) 65% multiplied by the proportion that”
Dec. 4, 2012 Failed That Bill C-45, in Clause 9, be amended by replacing line 3 on page 15 with the following: “before 2020, or”
Dec. 4, 2012 Failed That Bill C-45, in Clause 9, be amended by deleting lines 12 and 13 on page 14.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 1.
Dec. 3, 2012 Passed That, in relation to Bill C-45, a second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than five further hours shall be allotted to the consideration at report stage and one sitting day shall be allotted to the third reading stage of the said Bill; and at the expiry of the time provided for the consideration at report stage and at fifteen minutes before the expiry of the time provided for government business on the day allotted to the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Oct. 30, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
Oct. 25, 2012 Passed That, in relation to Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than four further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the fourth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:45 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, I thank the hon. member from the New Democratic Party for his comments and I quite enjoy working with him at the finance committee.

I want to know why the New Democrats on the finance committee voted in favour of the Conservatives' time allocation motion on Bill C-45. That happened on October 31. Did they not understand that this was a time allocation motion?

Also, the finance committee chair, the member for Edmonton—Leduc is widely respected by all parties for his fair and balanced approach. Therefore, I wonder why his members, the New Democratic members on the finance committee, worked with the Conservatives and ganged up on the chair and actually voted against the chair's ruling, overruled the chair and effectively changed the rules at committee. Why did New Democrats not insist that the rules be respected?

Does the member recognize that a dangerous precedent has been created, where now the Conservatives can use their majority on committees to challenge the chair, say the rules mean black instead of white and have their way on any debate whatsoever? Why are the New Democrats complicit in this?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:45 p.m.

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, very simply put, when the motions were put before the NDP in the context at the time we felt the chair was incorrect.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:45 p.m.

NDP

Paulina Ayala NDP Honoré-Mercier, QC

Mr. Speaker, when I decided to immigrate to Canada, it was mainly because of the strength of its democracy and its parliamentary system. When one speaks of the parliamentary system, it includes debating ideas.

One thing that bothers me about this bill is that once again, certain commissions are being removed and even more power is being given to ministers.

I would like my colleague to speak about the weakening of Canada's democracy.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:45 p.m.

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, there is no way I can begin to address, in the 30 seconds I have left, the offence that I feel is happening in our country. When they take the democratic process and subvert it with omnibus bills to the point where, for pieces of legislation that are critical to the needs of our citizens, MPs are not given the opportunity to do the due diligence that Canadians expect of us, it is very troubling.

Immigration is a significant one. The environment is another significant one. Seniors is another one that would be affected by this bill, where we did not get the opportunity to do what was needed.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:45 p.m.

Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, to respond to the points made by my previous colleagues, my parents are immigrants and they love this country because it is a strong democracy. I spent 33 years in the Canadian Forces fighting for our rights and ensuring that we have a strong democracy.

Our government demonstrates the fact that a strong, stable government has a steady hand on the tiller and that is why Canada is one of the greatest countries in the G7 right now in so many different ways, not just economically.

The previous speaker mentioned a few times in his speech about being baffled. I would respectfully submit that the New Democratic Party often is baffled. That party does not understand why Canadians need such strong legislation and a budget implementation act such as this. Canadian families depend on tax savings. They depend on those moneys being reinvested in their families and reinvested from businesses into the economy, thereby creating a stronger economy overall. This government facilitates that and allows Canadians to be able to do that.

Ever since this government came into power in 2006, it has been committed to ensuring economic growth and prosperity. I am proud that this government has delivered, with Canada emerging as one of the top countries in the G7 with 820,000 net new jobs created since 2009. Canada has had the best rate of job growth in the G7 and both the IMF and the OECD say so themselves. They forecast that Canada will be at the head of the pack for economic growth in the G7 in the years ahead. All we have to do is go outside of this country to hear what other nations are saying about Canada, and it is absolutely glowing. We are the envy of the world and I wish the New Democratic Party would take a look at what others in the world, our peers on the global stage, are saying.

The jobs and growth act would implement key initiatives from economic action plan 2012 and it would ensure that our economic advantage remains strong today and into the long term. This legislation would help our families and small businesses, consumers, seniors, students and manufacturers across Canada as well. The budget will provide tremendous opportunities for my constituents in Etobicoke Centre.

As someone who served as a reservist both full time and part time for 33 years, I know the extraordinary commitment that reservists make to keep Canadians safe. They can be called upon to serve abroad for extended periods, which can place significant financial strain on their employers, particularly small businesses, which are supportive of Canada's democracy and Canada's foreign policy and the need to sometimes send reservists abroad.

Canada Company numbers well over 250 of our captains of industry in this country, some of the same people who participate in True Patriot Love and similar organizations. Canada Company's motto is “Many ways to serve”. It builds the bridge between business and community leaders and the Canadian Forces.

The government is working to ensure that our reservists remain gainfully employed and that members of our military receive the widest support, care and recognition, which they deserve for the important contributions that they have made and continue to make to the security of Canada.

Building on our government's commitment to support the men and women of our armed forces, economic action plan 2012 commits to providing financial support to employers of reservists to offset such costs as the hiring and training of replacement workers or increasing overtime hours for existing employees. As a former commanding officer of a regiment and having worked for the Canadian Forces Liaison Council and others, this is a huge initiative because allowing reservists to deploy overseas has always been a sticking point. This is going to make it so much easier for those employers to make that contribution to their country, while maintaining their businesses and giving soldiers an opportunity to serve their country in uniform. Small businesses provide gainful employment to our reservists and a wide variety of Canadians. They play a vital role in the economy and job creation. Our government is committed to helping them grow and succeed.

Economic action plan 2012 includes a number of key measures to support the growth of small businesses, such as extending the hiring credit for small businesses.This is a temporary credit of up to $1,000 against a small firm's increase in its 2011 employment insurance premiums over those paid in 2012. This temporary credit is going to help approximately 536,000 employers defray the costs of additional hiring.

Many are familiar with the burdens of red tape and how it can negatively affect a business trying to grow. By the way, that often affects non-profit organizations as well. Our government is committed to reducing red tape by implementing a one-for-one rule and committing to develop a red tape reduction action plan to reduce unnecessary and ineffective regulations, allowing small businesses to focus on growing and creating jobs.

Other ways our government is reducing the administrative tax burden on small businesses include enhancing the Canada Revenue Agency secure “my business account” portal, and that improves the business section on CRA's website; doubling the thresholds for eligibility to use the GST/HST streamlined accounting methods; enhancing the predictability of the scientific research and experimental development tax incentive program; and providing written responses to business inquiries by the CRA.

These important measures all build on top of our government's significant action to reduce taxation for small businesses since 2006. For example, we provided $20 million to support the Canadian Youth Business Foundation's activities. The foundation works with young entrepreneurs to help them become the business leaders of tomorrow through mentorship, learning resources and start-up financing.

We extended the accelerated capital cost allowance for manufacturing and processing machinery and equipment to help manufacturers and processors make new investments in manufacturing and processing machinery and equipment.

We increased the small business limit to $500,000. This refers to the amount of income earned by small businesses eligible for a reduced federal tax rate. We reduced the small business tax rate from 12% to 11%, and we lowered the federal corporate income tax rate to 15% to help create jobs and economic growth for Canadian families and communities. We increased the lifetime capital gains exemption, which allows capital gains on qualifying small business shares to be realized tax-free, from $500,000 to $750,000. This is the first time it has been increased since 1988; it is incredible.

Our government also released a code of conduct for the credit and debit card industry of Canada to protect small businesses. This was heralded by the Canadian Federation of Independent Business, who I quote as saying:

Merchants have new powers under the Code that have helped them achieve tangible results in their dealings with the industry....

This simply wouldn't have happened without the code.

As important as small businesses are to our economy, students represent Canada's future. I think all parties here can agree on that. Our government has an impressive track record of supporting Canada's students and growing our labour force. We have invested more than $10 billion annually in students and education, including more than $3 billion in transfers to provinces for post-secondary education and over $7 billion in direct support to students and their families.

As well, we have established the Canada student grant program, which is providing up to $250, per month of study, to low-income students and up to $100 per month to middle-income students. We have created a new textbook tax credit to help with the cost of textbooks for students; and $342 million a year is provided for the youth employment strategy giving young Canadians much-needed support as they pursue an education and career.

Apprenticeships have the potential to create a wealth of new talent in this country. Our government realizes the importance of practical hands-on experience. That is why we have provided $140 million per year to encourage more young Canadians to pursue apprenticeships, including the new apprenticeship incentive grant and the apprenticeship completion grant. We have created the new apprenticeship job creation tax credit to encourage employers to hire new apprentices.

Our Conservative government's major new investments have already helped better prepare Canada's students for the opportunities and jobs ahead. But we continue to expand on past initiatives and measures to provide students even more opportunities.

We are ensuring that students are even better equipped and better integrated into the workforce by increasing support for youth employment opportunities with an additional $50 million to the youth employment strategy.

We are doubling graduate internships in innovative firms with an additional $14 million for the industrial research and development internship program, to place even more students into practical hands-on research internships in Canadian companies.

This takes us to the fast and flexible economic immigration system. Immigrants are an important component of our economy. Many immigrants chose to settle down in my riding of Etobicoke Centre, as my parents chose to settle in Toronto. They are hard-working and eager to contribute to our economy; however, we need a fast and flexible economic immigration system.

Our government has placed a top priority on attracting immigrants who have the skills and experience our economy needs. The economic action plan will enable them to transition to an increasingly fast and flexible economic immigration system. In the future, our government will explore with provinces, territories and employers approaches to developing a pool of skilled workers who are ready to begin employment in Canada.

The federal skilled worker point system will be reformed to reflect the importance of younger immigrants with Canadian work experience and better language skills. Canada's immigration system supports a vibrant workforce by attracting skilled workers who will contribute to the growth of our economy.

I encourage the opposition to get behind this bill and support Canada's economic growth and prosperity, because all the things I have just laid out are why Canadians need to support to this bill, why the opposition needs to support this bill, and that is why they claim to be baffled.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:55 p.m.

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, my question will be relatively short, and it concerns the speech made by the member for Etobicoke-Centre. I suggest that he start making corrections to the talking points that he uses for his speeches.

For example, he spoke about the fact that the International Monetary Fund and the OECD have acknowledged the government's sound performance. I would like to know whether he has read the recent IMF report that ranked Canada 12th among the 30 OECD countries in 2012-2013 in terms of economic growth, and that instead of improving, Canada's position will be deteriorating by 2016-2017. In fact, because of the measures taken by the Conservative government, and in particular the austerity measures implemented at a time of economic uncertainty, Canada is expected to drop to 17th place among the 30 OECD countries by 2016.

Having compared these figures to those mentioned in the talking points presented this afternoon, I would like to know what the member for Etobicoke-Centre thinks about the IMF report, which would appear to contradict what he said earlier in his speech.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1 p.m.

Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, I reject the premise of what the hon. member is saying.

Many reports, the IMF and others across this world have touted Canada for its economic performance and its G7 performance. Even the Bank of England has now taken our bank governor to assist it in its troubles. That is speaking significantly about Canada's prowess in the economic world and what we are doing with our economy and our country.

We are one of the best G7 countries in the world. There are many reports, many bodies, many countries and others, including the G20 and G7 themselves, that lay that out.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1 p.m.

Liberal

John McCallum Liberal Markham—Unionville, ON

Mr. Speaker, as the member should know, the Conservatives' so-called hiring credit will actually punish small businesses if they either hire new employees or pay higher wages to existing employees.

In fact, companies that qualified in 2011 but then grew too big to quality in 2012 could face an EI premium hike of as much as 14¢. This is eminently fixable. We Liberals proposed an amendment in the finance committee that would have fixed it. We were supported by CFIB, the Canadian Federation of Independent Business.

My question to the Conservatives is: Why are they forcing EI premium hikes on Canadian small businesses?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1 p.m.

Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, the hon. member highlights why there are so few members of his party in that corner.

The amendments the Liberals tried to introduce tried to derail the system. They tried to derail the process through that effort, tried to cripple Canadians in their ability to save taxes and earn, as well as contribute to their families, their small businesses and the EI program.

That is why the Liberal Party of Canada does not understand what the economic action plan 2012 is all about.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1 p.m.

Ajax—Pickering Ontario

Conservative

Chris Alexander ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, I share the hon. member's frustration with the two opposition parties, who are not only embracing the wrong policies—or indeed, in the case of the party in the corner, no policy at all—but talking down the reality of the Canadian economy. The Canadian economy is creating jobs well ahead of the pace of any other advanced economy and has put up better growth numbers than any country in Europe, including Germany, since the start of this recession, indeed since the start of this government.

My puzzlement is unassuaged. I would like to ask the member for Etobicoke Centre what his interpretation is of the NDP's inability to talk about the facts of its platform from 2011. We campaigned on a platform of jobs and growth, and we are delivering it now. The NDP members campaigned on a platform of a $21 billion carbon tax, and for some reason they are not prepared to talk about it today. Why is that?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1 p.m.

Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, I serve with the hon. parliamentary secretary on the defence committee, and he has done a brilliant job in that capacity.

I also share his frustration because the New Democratic Party did campaign on a $21 billion carbon tax. This is what would put Canadians out of business. This is what would create hardship for all the people I talked about just now. It would create hardship for families, students, reservists trying to get out and deploy into the world, and others, and would burden the rest of the country, driving us further down into economic crisis.

That $21 billion carbon tax would drive us into crisis. I share the hon. member's views that the party in the corner has no policies at all.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1 p.m.

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I would like to say that I am pleased to rise in this House, but of course, like for many of my colleagues on this side of the House, it is not altogether a pleasure to do so. What detracts from it is the fact that we feel that Bill C-45, the second budget implementation bill, is headed in the wrong direction.

The government's approach and that of the official opposition, the NDP, are undeniably completely different. The main difference is that the approach taken by the Conservatives ensures that Canada's economy will not achieve its potential and that economic uncertainty will continue, whereas our approach would maximize and optimize our current resources.

Let us look at what the government has done since coming to power. One of its first decisions was to take two percentage points off the GST. A one-point decrease means $5 billion less in government coffers. It then continued to cut the corporate tax rate. Indeed, the government lowered it from 19% in 2009 to 15%, where it stands at the moment. Every percentage point costs the Canadian treasury about $2 billion. The two measures combined represent an average of $7 billion in foregone revenue per year.

We must remember that when the Conservative government came to power in 2006, it inherited a budget surplus. Even before the recession, that surplus had been wiped out and, of course, things got worse with the measures in the economic action plan, an economic stimulus plan. From a $13 billion surplus, we immediately plunged into a deficit. And we are still there. We must remember that despite the Conservatives' reputation for being good managers of public affairs—a reputation I have never understood—if we disregard the year and a half after they came to power, when they rapidly made the surplus disappear, the last balanced budget under a Conservative government in Canada occurred back in 1912, under Robert Borden.

Bill C-45 truly reflects the Conservative ideology at its worst. The Conservative ideology denies that the federal government can play a constructive role in the development of our society. The Conservative government will not hesitate to say no to a federal investment of one dollar, even if that federal investment could result in economic growth equivalent to $10 where it is invested. Similarly, this government will not hesitate to make an economic cut of one dollar, even though it may cause $10 in losses.

I know this. I see it in my riding. I see it in my region, where the government has imposed huge cuts on institutions like the Maurice Lamontagne Institute and on investments through Canada Economic Development. This has major repercussions. Rimouski is Quebec's centre of marine technology. It has taken 30 years of hard work to find this region a specific niche. Rimouski is one of the three leading centres of ocean science, along with Halifax and Vancouver. This government is making it hard for the region with these cuts, which not only make no sense scientifically, but will weaken the region's economic potential.

This government rejects the very concept of one day attaining a balanced budget. I base that on a statement made by the Minister of State for Small Business and Tourism on May 2, in reply to a question from one of his Conservative colleagues. He said that the government was going to continue cutting taxes after it has balanced the budget.

The government's objective is not good governance, public governance, or managing public funds for the common good; its ideological position is to diminish the size of the state—the government—and diminish the good the government can do for the general public.

The government's economic policies are also haphazard. It is putting all its eggs in one basket: natural resources. Does anyone know where the government wants to take Canada, economically, in 15, 20 or 25 years? What are the niches in which Canada can excel? We have no idea. At present, the government is relying solely on the free market, which prevents forecasting or envisioning the long-term economy.

Here is one example: we are now in the 21st century and we are operating with 20th century infrastructure. The Conservative government has not taken any steps to endow Canada with proper 21st century infrastructure.

Emerging nations are doing it. Canada is just standing by and waiting until it is no longer competitive on the world market. Bill C-45 and the 2012 budget are indicative of this lack of vision.

Other people will speak sooner or later during the report stage about some of Bill C-45's major problems, particularly the best-known one, the repeal of the Navigable Waters Protection Act.

I would like to point out two elements that clearly demonstrate this lack of vision. The government is very fond of appearances, but in the end, it will not produce results. These two examples concern scientific research and experimental development, and also the hiring tax credit for small business, which the hon. member mentioned earlier.

The NDP is in favour of this tax credit. It was in our election platform in 2011, but the government will not mention that. We even proposed a small business hiring tax credit of $4,200, which is more than the Conservative one, and an additional $1,000 if the employee was still there after a year.

At the moment, the government is proposing a $1,000 tax credit, for which 536,000 businesses are eligible. That is what we heard in the Standing Committee on Finance. But let us look at the absurdity of this situation. Last year, that tax credit already existed. Some 530,000 businesses took advantage of it. That suggests that 530,000 new workers were hired last year, but that is not the case.

In committee, witnesses were repeatedly asked whether a business could hire an employee for a few months and claim the tax credit. They said that it was possible.

Although the tax credit is a good idea based on a positive principle, and we support the principle without supporting the way it is applied, this clearly shows that this measure is not encouraging the creation of permanent jobs. The NDP's proposal, on the other hand, which would add a credit for retention after a year, would encourage the creation and retention of the jobs created by the government.

Then there is scientific research and experimental development. The government plans to reduce credits to large companies from 20% to 15%, which amounts to a 25% decrease. This proposal has been decried by the business community, particularly the Canadian Manufacturers & Exporters. The government argues that the overall decrease in incentives for R&D would be $500 million, but the CME argues that the losses could be $633 million.

In addition, some argue that capital expenditures should be removed from calculations for tax credit purposes. The first suggestion was in the Jenkins report, but the second was not. The government made this up; it is not based on a recommendation from the report. We heard a very persuasive argument in the committee about how some industries in the natural resources sector and in manufacturing need to be able to include capital expenses in R&D tax credit calculations. Such industries often need to establish pilot projects—model factories, in effect—to implement the research they have already done. By eliminating that option, this measure puts some industries that really need it at a disadvantage.

Many witnesses were also worried about the government's new ability to choose winners, which would make it possible for the government to choose successful grant applicants.

Claims to the effect that Canada outperformed all the other countries are truly exaggerated. Canada did better in some ways. However, I do not believe that the Conservative government can take credit for that. Canada has survived the recession so well mainly because of the monetary policies of the Governor of the Bank of Canada, and in particular his determination to immediately lower the interest rate at the first signs of the recession, when the government was still denying that there was a problem on the horizon.

To conclude, in 2015, Canadians and Quebeckers will be able to look back on the tenor of the debates in the House and have their say about whether circumstances are better than they were before the start of the Conservative government reign. The answer will be no.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1:10 p.m.

Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, I listened to my friend's speech. He railed against the tax cuts that we brought forward for small businesses and said that reducing taxes for businesses was a terrible thing. I cannot believe he would make that kind of statement.

My question for the member is this. Not only are the New Democrats against lowering taxes for business, but will they finally admit that a cap and trade scheme that would raise $21 billion in revenue is a carbon tax, which they are supporting? I do not want the member to reply by saying increased fuel efficiency standards are a tax because that is absolutely ridiculous.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1:15 p.m.

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, we are in favour of reducing taxes for small and medium-sized businesses. In fact, our program suggested a tax cut of up to 9%. The government decided on 11%. We therefore certainly do not need any lectures on this matter from the Conservative government.

Perhaps the Conservative government needs some lessons. There are three ways to combat climate change. A carbon tax like the one proposed by the Liberal Party could be introduced. An emissions or carbon exchange system like the one proposed by the NDP and the Conservatives in 2008 could be established. The third option is sectoral regulation as currently practised by the Conservatives.

Combatting climate change will cost money. The Conservatives are now spending money with their sectoral regulation system. According to a number of economists, this will cost a total of $52 billion for carbon and vehicle emissions alone.

The government should be more careful when it presents figures on combatting climate change. It is in fact generally recognized that the NDP carbon exchange approach is far superior to the Conservatives' approach thus far.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 1:15 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member knows that Bill C-45 is an unprecedented bill that attempts to change a wide variety of legislation that would have very profound impacts. In fact, historically, it is precedent setting that the government has tried to put so much in a budget bill. When it went to committee, the NDP voted with the government to limit debate on the bill. That would have been a wonderful opportunity to go though it clause-by-clause and ask questions of the government on a wide variety of issues.

Why did the NDP vote to limit the committee debate on the bill?